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(영문) 대전지방법원 2019.08.22 2019고단2224

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a car in B T-gu.

On April 27, 2019, at around 01:50, the Defendant, without a driver’s license, driven the said car with a degree of 0.188% alcohol concentration, making it difficult for the Defendant to drive the said car normally, while driving the said car, and driving the three-lane road in front of the D Bank in Daejeon Jung-gu, Daejeon at the center of the four-lane distance along the four-lane distance.

At the time, the taxi was in night, and there was a duty of care to reduce speed to those engaged in driving service and properly manipulate the steering gear and brake system to prevent driving accidents in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the brakes and steering wheels at the direction of the Defendant’s proceeding by negligence, and received the part behind the right side of the victim E(the age of 44) who was stopped at the right side of the vehicle in front of the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. of the bones of wood, which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. The actual condition survey report;

1. An accident site photograph;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Commercial concurrence;